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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34475
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My fathers daughter has had my 3 yr old for 2 weeks and is

Customer Question

My fathers daughter has had my 3 yr old for 2 weeks and is refusing to return her. We both have pr and there is no residency order with either of us. It's complicated as I requested her to stay with him at his parents originally as my son who is 10 (not his) was presenting aggressive behaviour. He has ADHD and is on medication however at the time he had unknown to me not been taking it probably therefore became unbalanced. He's taking it religiously now and is under children's services for support. The last 2 weeks especially the last week he has been a lot more settled. Children's services spoke with my daughters dad at the beginning of the week and told him my son was making great progress and it was in my daughters best interest to come home. We arranged got this to happen this coming Sunday. Now he has said it's too soon and no. I said to give him peace if mind I would arrange for my son to stay with my mother for an additional week so she can can return Sunday. He still says no. Children's services have suggested I seek legal advice immediately. So where do I stand legally?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I shall do my best to assist you but I need some further information first.
Could you confirm who your daughter is currently staying with - and how your 10 year old came to stop taking his medication without your knowledge.
Claire
Customer: replied 4 years ago.
My daughter is staying with her father at the moment. But normally lives full time with me. My son was pretending to take his medication and when I walked away was disposing of it.
Expert:  Clare replied 4 years ago.
Hi
Was your daughter at any physical risk form your son when he was unwell?
Claire
Customer: replied 4 years ago.
Only in the fact that she witnessed him swearing at me he smashed the back windows in the outhouse whilst she was in the living room. At that point I called the police and removed her from the home to a neighbours house.
Expert:  Clare replied 4 years ago.
Hi
Unfortunately in the absence of a Residence Order in your favour there is no way that your ex can be forced to return the child to your care unless he agrees to do so.
If you wish to take action you will need to apply to the court for a Residence Order so that the court can decide where the child should live and how her time should be shared between you.
This is done using a form C100 and paying the fee of £200 (unless you are eligible for Fee remission)
The form is here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
If you need any further information please do not hesitate to ask
Claire
Customer: replied 4 years ago.

I'd like to mention as of the new year it was agreed between myself and his parents who are in their late 60s to facilitate contact at their home. As he's in a methodone script hooked on Perscription painkillers and sleeping tablets and drinks daily. Over the Xmas period he was extremely abusive when I announced my engagement to my current partner. Turning up to her preschool stinking of alcohol and on one day the staff notified me instead of being dropped off at 9am he arrived at 2pm when I collected her an hour later and jasmine told the staff shed been in the pub. This was the point I put supervised contact in place. A week later whilst jasmine was not present at his flat police raided him and found canabis of which he was charged for. Does this make any difference.
Expert:  Clare replied 4 years ago.
Hi
Is he living with his parents at the moment - where is the child sleeping?
Claire
Customer: replied 4 years ago.
He is staying with them at the moment due to our previous agreement that he can only have her at theirs. However he does have his own flat 4 miles from his family home. I had made arrangements with his mother for jasmine to have her own bed there but this weekend he told me that she sleeps with him in his.
Expert:  Clare replied 4 years ago.
Hi
Given that he is clearly not safe to have the child on his own it is likely that the court will order the return of your daughter to your care
Claire